♪>> appropriate music this morning. it is halloween. good morning to you and your family. you are watching "fox & friends first" this morning. i am ainsley earhardt. >> i am patti ann browne. thank you for starting your day with us. finally some apologies. kathleen sebelius taking responsibility for obama care. >> they are snapping back at congress as the day wears on. doug luzader is live to break it down for us. good morning, doug. >> more day another crash for the obama care web site despite what we heard from kathleen sebeli sebelius. >> the web site has never crashed it is functional but at a very slow speed and very low reliability and has continued to

function. >> it has crashed and burned at least three times. it has been down the whole time we have been testifying. the system is down at this moment. >> months leading up to the launch her colleagues looked us in the eye and testified that everything is on crash. >> sebelius had an answer for security flaws with the way the flig site and els personal data. sebelius did say the government spent $105 million developing this web site. that is a low figure based on the numbers. >> the president changing his tune during a speech in boston. remember when he said if you like your healthcare plan you get to keep it?

that might be true but now he says only if he's good enough for obama care. >> if you have one of the substandard plans before the affordable care act became law and you really liked that plan you are able to keep it. that is what i said when i was running for office. that was part of the promise we made. ever since the law passed if insurance decided to downgrade or cancel the substandard plans what we said is we have to replace them with quality comprehensive coverage. that, too, was the central premise of the affordable care act. >> president obama is fighting for obama care from recent ground. his approval rating dropped to an all time low of 42 percent according to the new nbc news wall street journal pole. 51 percent disapprove of his job

performance. >> celebration in boston. >> it wasn't happened at fenway park for 95 years. the red sox world champions. >> the red sox win their third world series since 2004 and their first at home since 1918. the championship passed an incredible turn around for a team that finished last in its division last year. >> it was electric. >> it was the best ever. >> going to fenway park since i was this big. and to see this at home just bun believab -- unbelievable. i can't explain it. >> poignant moments as well. hundreds of fans gathering at the finish line of the boston marathon.

(chanting) >> boston strong. the cover of the globe web site says it all, champions again. some celebrations turned violent during the late night in boston. a car was flipped over and windows were smashed. police arrested 9 people for unruly behavior. the department used twitter to tell people to go home. >> halloween is a much bigger picture in the middle of the country. an extreme weather alert. al monster storm putting halloween on hold for trick or treaters heavy rain and strong winds. >> you are right. halloween for children across parts of indiana. one town in particular fishers, indiana had heard reports they have postponed halloween because of the rough weather we are expecting and we are seeing tough conditions across portions of central texas. we picked up 8 inches of rain.

there have been reports of ongoing rain extreme weather is ongoing. we have several warnings. flooding is ongoing. not only are we expecting more rain, the rain coming down early as well. you can see on the radar up into the city of chicago. all of these areas you will be dealing with the areas of heavy rain through out the afternoon hours and by tonight that storm system is slowly going to be pushing eastward. we have a threat for severe weather including tornadoes wind gusts and large hail from eastern texas to louisiana up into the great lakes parts of ohio could be seeing severe storms later on. it is during the evening hours where many children will be heading outdoors trick or treating. please stay safe through out the day otherwise temperatures that are very mild in the east of the

systems 70s in the sterile line gnaws and also in georgia. >> nice for the trick or treaters on the east coast at least. >> on the east coast. >> thanks maria. >> a bombshell reportthe nsa of yahoo and google. this would keep video and video from millions of users. this as an italian newspaper says even the pope would budge. good morning, elizabeth. >> good morning patti ann. the global fallout from the document leak continues. p one report is that the surveillance program was tabbing the vatican. the nsa public affairs office responding after the report was published writing in part the national security agency does

not target the vatican. assertions the nsa public publid the have aing zein are not through. that isn't the only place the nsa has been putting out fires. nsa staffers were accessing the main communication links between yahoo and google. they did it globally. why would they do this? it would allow them to reach into data streams and snag e-mails video chats pictures and even more. this is a claim nsa chief keith alexander denies entirely. listen here. >> nsa does collect information on terrorists p and our national intelligence priorities. but we are not ail authorized t into servers and take data. >> the video conferencing system the president reporting the nsa to curtail eavesdropping within

the u.n. headquarters. >> elizabeth prann live in washington, thanks. >> an announcement expected in the case of kendrick johnson. the 17-year-old who was found dead inside of a rolled up gym matt. new surveillance shows the day he died in january. that might prompt officials into reclassifying his death and allowing a new investigation into what happened. they said it is a freak accident but his family insisted it was murder. >> no bail yet for michael skakel. he was given a new trial after spending a decade in prison for the murder of teenager martha moxley. the defense team asked the judge to release him on bond pending a new trial. the judge said it is not clear if he is entitled to bail. they are asking both sides to submit arguments. >> 19-year-old max wade is found guilty of stealing the

lamborghini. it was stolen in 2011 after under going maintenance. he could face 30 years in prison. >> the city council overwhelmingly voted to raise the tobacco purchasing age under federal law no one under 18 can buy tobacco in the u.s. even higher minimum age delays young people from starting to smoke and limits health risk. >> denver residents will be able to smoke pot in their backyards after all. they proposed a rule that would have made it illegal but lawmakers backtracked on the plan. it allows people to smoke in their yards and possess marijuana in city parks. it may be purchased in licensed stores and consumed in private residence but public consumption

remains illegal. your tax dollars going to foreign flights. washington is meeting to discuss this very idea. jolene kemp from the fox business network is here to explain this. what does this mean for us? >> they are bidding for hundreds of millions of dollars in u.s. loan money to require boeing. the import bank meets today whether discuss whether the airlines can receive a loan to purchase 6 boeing jets. they have a record of safety problems reliability issues and did not turn a profit in august 2009 report said the united nations asked the staff to avoid the airline entirely. it has given 84 percent to boeing. the apple iphone was supposed to have longer battery life but the battery is training quickly. the company did not say exactly how many were defective but in

apple sold 9 million iphones the most ever in a single launch. it has faced battery issues before with the lap top. it duds not effect the safety of the iphone batteries. lovers of mcdonalds coffee will be able to brew their morning joe at home. it will test sell packaged whole beans grounded coffee along with single serving cups starting next year. no word on where it will be sold yet but they have already started selling 8 ounce package for $7. >> the reason i like it you can get a little cup for a dollar. i don't need to brew it at home. i can go to mcdonalds. 11 minutes after the hour a driver tries to flee from police after driving through a concrete barricade. >> sounds more like a trick than a treat. parents furious about one woman handing out written warnings

instead of candy to kids who knock on her door. we will have that. the a look at the gas prices. the new national average 3.28. it's a growing trend in business:

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>> good morning to you. the streets are clear at least on that shot. avenues of the america running straight in the center of new york city. good morning to you. investigators shutting down a newly completed highly sophisticated drug promo from

the border of tee wanna. more than 75 have been discovered. they found in 600 yard tunnel linking san diego to tijuana. 30 tons of marijuana were confiscated in that operation. russia trumpeted a zero waste program promising the cleanest olympic games ever. there is word the state owned russian railway is dumping construction waist into an illegal landfill. this is raising concerns about dumping in the water. the epa fines the railway 3,000 dollars for the dumping. didn't order the dump closed. the $51 million budget contains no provisions for treating waste. >> members of the oneida indian nation forcing them to step in

to force the washington redskins to change their names. he has no plans to change the controversial names. they plan to meet with them fort super bowl. he was not in attendance for the meeting. looking forward to dressing up and going trick or treating. the one woman in north caudakots not standing out free candy instead she is giving scolding obesity letters. >> i just want to send a message to the parents of kids that are really over weight. >> that is exactly what a far go woman only known as cheryl plans on doing. after calling a local morning radio show she sent them this letter she plans on handing out on halloween telling them how to parent their obese children. >> i think it is really

irresponsible toer parents to send them out looking for free candy just because all of the other kids are doing it. >> i think a lot of people related to the story. this is something where it sl not something that you want your child to ever receive. >> the radio team received the call tuesday morning and i go nated a media paren zee. >> it wasn't a polite thing it was more almost bullying. >> she is trying to parent other people's children which is really inappropriate. >> she has two boys which she hopes to take trick or treating. she calls her antics disturbing and says she is ruining halloween. >> a lot of dentists in my neighborhood have a candy buy back so the kids can still do the trick or treating but then they give the candy back they get paid a dollar a pound. it is a one thing all around. do you think this woman is being helpful or hurtful? send the comments to us you can

tweet them to us@fox friends first or shoot us an email at foxfriendsfirst@foxnews.com. it is 18 after the hour talking about the backlash h gets from the left for his latest project. >> i have already gotten a message from tom hanks, matt damon, sean penn, danny glover i am no longer insightvited to pl the reindeer games. >> a driver pulling over with a bus full of passengers to do the right thing. what he did that is now earning him the title of hero. rl i love having a free checked bag with my united mileageplus explorer card. i've saved $75 in checked bag fees. [ delavane ] priority boarding is really important to us.

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>> a bus driver is being hailed a hero for going above and goned duty to keep a woman out of harm's way. he stopped a woman from jumping off of a bridge in buffalo, new york. anna kooiman is here with the incredible story. >> hi anna. >> good morning to you patti ann and everyone at home. take a look at this surveillance video. it captures the moment darnell barton spots the woman standing on the other side of the guardrail contemplating jumping into on coming traffic. >> ma'am, are you okay? >> it didn't seem real because of what was going on around it. pedestrians were going biaz normal. when she p didn't respond barton

walks off the bus and talks her off the ledge literally puts his arm around her and helps her climb back over the guardrail. he talked with her before cops and counselors arrived. i wanted to convey whatever it was we were going to talk through it. the you sit on the bench the coach calls your number you have to make a play and you have to calls for. i think that's what i did. >> there you go. when barton gets back on the bus the passengers mostly high school kids, give him a round of applause. >> very cool. barton says his co-workers call him big country. for now on he will be known as having a big heart, too. >> big hero is the new name. >> wearing google glass while driving can earn you a ticket in what might be a first a woman

was ticketed for driving while wearing the high-tech specs. she was pulled over for speeding and then earned a second violation. under california rules video screens are prohibited anywhere ahead of the front seat unless they are displaying gps maps or information about the car itself. >> the most popular halloween costumes in 2013 are number five, miley cyrus' iconic vna outfit, duck dynasty a camouflage head band and a beard. the fox from the viral video what does the fox say. mignon costumes second and the most popular costume of 2013 walter white from "breaking bad." smashing pumpkins they think it's a good thing for a pouncing. playing with the pumpkins at the

denver zoo. it was the first time many guests were able to see him at a zoo in july after spending time in quarantine. they hope the two will meet and form a new pride. >> it is 26 minutes after the top of the hour. scary moments when a driver tries to escape the cops and makes a wrong turn instead. tee how it all ends. >> an organization supporting the troops kicked out of a busy train station. since it is halloween here's a look at chris and bruce en.er. here's a look at the costumes this year you can post them ott face page or insta graham. we are going to begin showing them tomorrow. [ male announcer ] progresso's so passionate about its new

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fedex one rate. really makes my life easier. maybe a promotion is in order. good news. i got a new title. and a raise? management couldn't make that happen. [ male announcer ] introducing fedex one rate. simple, flat rate shipping with the reliability of fedex. >> happy halloween. she took the hot seat but p didn't give a lot of answers about the obama care answer. >> it's a yes or no. say you are wrong on that. if you are wrong. yes or no. >> i don't want to give misinformation to the american public. >> the president also offering explanation of why people ares looking their insurance. but it is not what he promised. >> first we found out the nsa was tracking every american

creme phone. now the agency will have to answer to a higher power. >> the win 95 years in the making. >> it hasn't happened at fenway park for 95 years. the red sox the world champions. >> joyful celebrations inside fenway park. some fans getting violent outside. we will have game highlights and fan low lights next. fox and friends first begins right now. ♪ >> it is thursday. you can see new york city on this halloween. i am patti ann browne in for

heather childers. >> it is 31 minutes after the top of the hour on this halloween. in the news today finally apologies from kathleen seb beal why yous taking responsibility for the obama care nightmare as she is grilled on capitol hill. >> it wasn't all apologies. she snapped back at congress as the day wore on. kathleen seb beal why yous did apologize yesterday for the sorry state of this web site. will any one pay the price for this? probably not based ohhen her testimony. >> is from any penalty for not delivering on what they promised? >> as you can see we have an obligated funds for a contract. we have not expended all of those funds. we expect not only the cms team but our contractor partners to fulfill their obligations.

>> they failed to fulfill their oib gageses. i don't know what's in the contract. >> there is a built in penalty but i can tell you that paying for work that isn't complete is not something that we will do. >> sen be seb beal why yous cla the site nevenever crashed. >> some people like to drive a ford not a ferrari some like to drink out of a solo cup not crystal stem. you are taking away their choice. >> there are questions about how safe this site is. whether it really safeguards all of the personal data that is requested when a person enrolls. ainsley and patti ann. >> doug luzader live for us in

washington. >> remember when president obama said if you like your healthcare plan you can keep it? the president said you may be better off. >> if you are getting one of these letters, just shop around in the new marketplace. that's what it is for. most people are going to be able to get better comprehensive healthcare plans for the same price or even cheaper than projected. you are going to get a better deal. >> this as new polling numbers show the president is fighting for obama care from weaker ground. his approval rating dips to an all time low of 42 percent. lawmakers have to decide today which of their staffers will have to take the obama care plan. staff will be designated either official or nonofficial based on where their salaries are paid. if a staffer is designated nonofficial he or she will not be able to keep the existing

healthcare plan he or she has and will be forced into obama care. >> halloween, a different picture for those who live in the middle of the country. an extreme weather alert this morning. a monster storm putting halloween on hold for many trick or treaters. >> heavy rain and strong winds already pounding parts of texas. maria molina is tracking the storms of the weather center what you can expect if you are going trick or treating tonight. >> we have a dangerous situation across central texas where some communities picked up 8 inches of rooifrn the overnight hours. basically you have picked up significant rainfall.

rescue efforts are going on here. from texas up into sections of missouri because the rain will continue through out the day today. this storm system isn't just producing a flooding concern but damaging winds, large hail and isolated tornadoes. we are talking severe storms in the afternoon and evening hours from louisiana up to parts of indiana and ohio. again relatively dangerous situation ongoing through out the key hours in the afternoon and evening. during the evening hours again we have rain stretching out across parts of the great lakes damaging the gulf coast. behind the storm system quiet conditions for trick or treaters. anywhere from north caulk to western parts of texas the weather is looking inch quieter. temperature wise 70s 86 for the high today in tampa. still feels like summer out there. temperatures mild as well into the 60s during the afternoon hours. there is a slight chance for a shower here in the city but i

think we are pretty good for the most part. >> thank you so much maria. it hasn't happened at fenway park for 95 years. the red sox the world champions. >> the red sox win their first world series since 2004 and the first at home since 1918. an incredible turn around for a team that finished last in its division last year. >> it was electric. >> it was the best ever. >> red sox. >> i have been going to fenway park since i was this big. to see this at home is just unbelievable. i can't explain it. >> hundreds of fans gathered for an incredible moment at the finish line of the boston marathon.

the cover of the globe web site says it all. champions again. a car was flipped over and windows were smashed. they arrested nine people for unruly behavior and they used twitter to tell people to go home. >> a the school officials say someone took a photo of a girl without her knowledge and passed it to friends who commented on it. unflattering comments attached to that picture on twitter. officials calling the student's parents within hours of getting wind of the tweet. >> if she feels she is getting bullied i think she needs to tell someone. there's a lot of teenagers killing themselves because of

bullying. it ranges from office referrals to expulsion. >> documents leaked by edward snowden accuses the agency of secretly tapping yahoo and google servers. that's the nsa having access to e-mails, video and audio for millions of users. this even as the pope was buzzed. the agency only uses attorney general approved processes in data collection. >> actor rob lowe talking about killing kennedy. >> he talked about the movie p and any possible backlash in hollywood for doing a project written by bill o'reilly. >> these pin heads in hollywood don't like me at all. come on, lowe.

i am not going to have dinner with hanks or damon any time soon. >> the truth of it is you won't. i have already gotten the message from tom hanks, matt damon, sean penn, danny glover, i am no longer invited to play in the reindeer games. it is all because of you. it's all your fault. >> did anybody say you shouldn't do this? >> no. even the most partisan person can't argue the success of the book and that's a huge thing to be able to bring that to tell a story that the country needs to hear. >> killing kennedy airs on national geographic sunday november 10th. >> 40 minutes after the hour. frightening moments as a driver tries to flee from police drives into a concrete barricade. why he was trying to escape.

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>> a group of marine supporters kicked out for playing the bagpipes. the group seen frin this pictur was in that station for an event before the marine corps marathon. the bagpipers started playing but they were stopped security guards because they didn't have a permit. the worst part the guard showed no mercy or grace. the guards made them stop just as the group was playing amazing grace. >> talk about a solar mess the company that went bankrupt after getting $400 million in your tax dollar money wasting even more. it left behind a facility with hazardous waists. this is the same company that president obama was praising

three years ago announcing a $2 billion investment in green energy project. >> halloween ranks as one of the spook iest spending seasons. how much we expect to be scared out of american wallets this year. diane from fox business network. >> we all know that gift giving who will days like christmas and hanukkah can be expensive ones for the american consumer. you might be surprised to hear how much we spend for halloween? the national retail federation puts the total at $6.9 billion for 2013 with adults spending average of $75 las each nearly a 55 percent increase from 2005. what are we spending the money on? chocolate. they clock in at $510 million. m&m sales 105 million and sneaker sales at 554 million.

costumes on average run almost $30 each. don't forget your pet. the nrf says they will dress up the pets for $320 million. study projections are down slightly. spending is increasingly going for adults rather than children. but everyone is a kid at halloween, right? >> oh, yeah, absolutely. 46 minutes after the top of the hour. a new battle in the war on christmas. the school district is now saying faith based tunes have no place in elementary schools. >> why the details of a trip could the company's mysterious parch are being kept a secret. see what's coming up on "fox & friends." >> that ain't no love boat. >> coming up on fox and friends senator ron johnson on his plan to help you keep your

healthcare. today a halloween we have tricks and treats up our sleeve. the medical a team breaks down if a good scare is bad for your help. -- health. plus we have our own halloween and we will be dressed as somebody or something. who do you think it will be? e-mail us at friends at foxnews.com. fox and friends the last day of october starts.

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heart-stopping video captures the moment a suspected drunk driver crashes into a cop car.

it happened during a high speed chase in milwaukee. the driver slammed into the barrier and smashes into the police vehicle. both the officer and the suspect were injured. the 40-year-old suspect broke a record. he's the county's 1,000th repeat drunk driver since 2010. a new rule imposed on religious songs have parents in new jersey up in arms. borden town regional schools will not have religious music during their winter concert. the superintendent says some of the music was questioned and after a review officials decided to remove religious songs from the program. the coast guard is staying tightlipped about a secret google facility. the mysterious barge floating in san francisco bay may be a data center for google. the coast guard visited the facility yesterday and at least one person had to sign a nondisclosure agreement. google refuses to acknowledge connection to the barge or three others like it.

ainsley? >> tonight is the one night of the year when you get to dress up in a costume and pretend that you're somebody else. it's such a fun experience. our next guest who is part of the family met two ladies who get to do that seven days a week. for more, we're stepping into the fox light with michael tammero. >> halloween, that's right, it is halloween. for a special treat i got to go behind the scenes of the broadway series "wicked." celebrating its tenth anniversary and two stars rolled out the red carpet for me. let's take a look. ♪ ♪ >> good to be here at the edge of oz, currently doing the soundtrack and running through the motions before the show. looking out here at this amazing theater, it's daunting, yet has to be somewhat thrilling to come

out here. >> it is amazing that every night it is packed with people that can't wait for it to start. >> it's an amazing idea. and then throw costumes and our awesome set and music, it's, just the whole package, it is a great musical. >> you play glinda? >> yes. ♪ >> it's the untold story? >> the untold story of the wizard of oz, the friendship these two girls have, the friendship and what comes at the end of it. ♪ ♪ >> all right, ladies, take me to oz. let's do it. >> oh my gosh. ♪ ♪ >> it is pretty cool when the lights are on the screen. a little scary. >> here we have the fallen house. this is the house that lands on the wicked witch of -- >> east. >> the yellow brick road. >> the yellow brick road.

>> do you walk on it? >> no, we don't walk on it. >> is this your bubble? >> this is my bubble. >> i make my amazing entrance and i come down and i say "it's good to see me, isn't it?" ♪ ♪ >> my personal favorite. >> your broom! >> that's the broom that actually flies. >> you guys need an extra? i could get into this. >> i think we could work that out. >> we'll have to hook you up with the wardrobe department. >> this is happening. >> it's happening all right. >> you can be a witch hunter. >> see you now! ♪ ♪ >> definitely ready for something. we want to know if you're dressing up for halloween tonight, if you're going to be silly or scared.

brian tweeted us something scary. mary, a faithful follower said silly, a scarecrow for work. follow me on twitter at foxlightmichael. >> good deal. we'll be right back. ♪ [ male announcer ] 1.21 gigawatts. today, that's easy. ge is revolutioning power. supercharging turbines with advanced hardware and innovative software. using data predictively to help power entire cities. so the turbines of today... will power us all... into the future. ♪

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two minutes till the top. before you leave the house here's what's happening today. a monster storm putting halloween on hold for many trick or treaters. heavy rains, high winds and flash floods hitting parts of texas and the midwest hard. champagne is flowing in boston. the red sox win the third world series since 2004 and the first at fenway in 95 years. secretary sebelius grilled by lawmakers on the obamacare launch. she apologized and promised the problems will be fixed. >> time to look at the good, the bad, and the ugly. first the good. an orlando man wins the jot

tow jackpot again. james boozeman jr. won $3 million from a ticket he bought at the 7-11 store in august. last year he won $10 million from a ticket he bought at the same place. >> the f.d.a. found spices found with insects and rodent hair. >> a -- now it's time for your brew on this responses. a woman in north dakota is giving out fat letters for halloween instead of candy, and we ask do you think this is helpful or hurtful. here are some of your responses. >> ed writes us on facebook, i think she's just trying to get parents to look at their kids and not think that being overweight is okay. as the parent of an overweight child, i would not have been upset about receiving a letter like that. i certainly would not have called it bullying, as one

of your clips showed. >> she's definitely not helping. it is not her job to tell parents about their kids' weight problems. she's just hurting kids. thanks to everyone who responded. >> have a great halloween. "fox & friends" starts right now. good morning. it's thursday, october 31. i'm elisabeth hasselbeck. kathleen sebelius showing her frustration during a heated debate on capitol hill. >> it's great that you're a team player and you're taking responsibility. it is the president's ultimate responsibility; correct? >> you clearly -- whatever. >> how did she do? we're going to take a closer look at that. >> clearly. whatever. mean meanwhile, they were allowed to tap google and yahoo legally but tufrpbs tufrpbs -- it turns out the n.s.a. did it behind their backs. a brand-new bombshell on the growing